Ram Chandra Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30942 of 2015 Arising out of PS.Case No. -29 Year- 2014 Thana -MAHILA P.S. District- SAHARSA ======================================================
1. Ram Chandra Sahani, Son of Late Mani Sahani.
2. Madhu Devi, Wife of Ram Chandra Sahani.
3. Rajesh Kumar @ Rajesh Sahani, Son of Ram Chandra Sahani.
4. Anil Kumar Sahani @ Anil Kumar, Son of Ram Chandra Sahani. All are resident of village - Paharpur, P.S. Simri Bakhtiyarpur, District - Saharsa.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2015 The petitioners are apprehending their arrest in connection with (Saharsa) Mahila P.S. Case No. 29 of 2014 for the offences instituted under Sections 498(A), 494, 323, 313, 379, 506/34 of the I.P.C. and 3⁄4 of the D.P. Act.
Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that on giving false assurance, one Sunil Kumar has made physical relationship with the complainant and lastly on 05.05.2014 she had been married with Sunil Kumar and she was leading conjugal life with her husband at her matrimonial house where the accused persons started committing torture and cruelty on her due to non-fulfilment of dowry demand and it is alleged that during the period of her
Patna High Court Cr.Misc. No.30942 of 2015 (2) dt.30-07-2015 2/2 stay at her Sasural, she became pregnant but the accused Sunil Kumar by forcibly miscarriage her pregnancy and lastly she has been driven out from the house after snatching her belongings. It has been submitted on behalf of the petitioner no. 1 is the father-in-law, petitioner no. 2 is the mother-in-law, petitioner no. 3 is the Dewar and petitioner no. 4 is the Bhaisur of the informant. It is stated that the petitioners are separate in mess and property from the husband of the informant. The husband of the informant has already granted bail.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with (Saharsa) Mahila P.S. Case No. 29 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T